July 25, 2005 – Federal Register Recent Federal Regulation Documents

The FAA proposes to rule and invites public comment on the application to impose and use the revenue from a PFC at John F. Kennedy International Airport (JFK), Newark International Airport (EWR), and LaGuardia Airport (LGA) under the provisions of the 49 U.S.C. 40117 and part 158 of the Federal Aviation Regulations (14 CFR part 158).

In response to a request from potential applications the submission deadline for project applications had been extended from July 25, 2005 as stated in the original notice published on June 8, 2005 in Federal Register (70 FR 33453).

The U.S. Army Corps of Engineers, New Orleans District (CEMVN) is initiating a Supplemental Environmental Impact Statement (SEIS) for the Henderson Lake Management Unit feature, including the freshwater distribution structure element, of the Henderson Lake Area Atchafalaya Basin, Louisiana project, pursuant to the authority of the Flood Control Act of May 15, 1928 (Pub. L. 391, 70th Congress); and for the Recreational Development feature of the Atchafalaya Basin Floodway System, Louisiana project (hereinafter ``ABFS'' project), pursuant to the authority of the Flood Control Act of May 15, 1928 (Pub. L. 391, 70th Congress), as amended by the Supplemental Appropriations Act of 1985, Pub. L. 99-88 and as reauthorized and further amended by Section 601(a) of the Water Resources Development Act of 1986 (WRDA 1986), Pub. L. 99-662. The CEMVN is initiating this study to implement construction and operation of the Henderson Lake Management Unit, St. Martin and St. Landry Parishes, which is one of two authorized pilot management units for the Management Unit feature of the ABFS Project; the freshwater distribution structure element, of the Henderson Lake Area Atchafalaya Basin, Louisiana project in St. Martin and St. Landry Parishes, Louisiana; and the Recreational Development feature of the Atchafalaya Basin Floodway System, Louisiana project in St. Martin, Iberia, St. Mary, Iberville, St. Landry, and Pointe Coupee Parishes, Louisiana. The authorized goals of the Management Unit feature of the ABFS project are to improve water quality and interior water circulation; remove barriers to reestablish north to south water flow; provide input of oxygenated low temperature water; and reduce or manage sediment input into the interior swamp. Action is necessary due to the existing poor water quality resulting from the lack of internal circulation and oxygenated water inputs, and increased sedimentation. In addition if action is not taken, both deep-water and shallow water habitat utilized by fish and wildlife resources will continue to be lost, reduced, or degraded. The intended result of the proposed work is to prolong the life expectancy of the productive habitat (primarily aquatic and cypress tupelo habitats) by restricting or redirecting sediments, while simultaneously achieving a healthy water circulation pattern that would maintain or restore water quality and reestablish north to south water movement. The Henderson Lake Management Unit is hydrologically separate and independent from the Buffalo Cove, Flat Lake, Cocodrie Swamp and Beau Bayou Management Unit elements of the ABFS project. The authorized goal of the freshwater distribution structure element, of the Henderson Lake Area Atchafalaya Basin, Louisiana project is to provide water inflow to the Henderson Lake area and, together with the Henderson Lake Management Unit, restore overflow patterns to the extent practicable, and to encourage water movement through the Henderson Lake Management Unit for the benefit of the aquatic environment. The goals and objectives of the Recreational Development feature of the ABFS project are the development of facilities such as boat launching ramps for the provision of interior and peripheral access to the ABFS project area, including those lands acquired for the Public Access feature of the ABFS project, as well as the construction and operation of developed and primitive campgrounds, an interpretive facility and other facilities complementary to the enjoyment of outdoor recreational activities for the observation and utilization by the public of the fish and wildlife resources of the Lower Atchafalaya Basin Floodway. Public demand and expectations for the ABFS have increased due to an increased awareness and use of the vast ABFS natural resource, and the involvement of the CEMVN through management and part-ownership of the resource. The CEMVN will address public concerns for management of the Henderson Lake Management Unit, and recreational development opportunities within the ABFS, through an SEIS.

Results Home Buyer Inc. (Applicant) requests an incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973 (U.S.C. 1531 et seq.), as amended (Act). The Applicant anticipates removal of about 0.18 acre of Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) foraging, sheltering, and possibly nesting habitat, incidental to lot preparation for the construction of a single-family residence and supporting infrastructure in Venice, Sarasota County, Florida (project). The take of one family of scrub-jays, consisting of up to four individuals, could occur as a result of the Applicant's proposed activities. The Applicant's Habitat Conservation Plan (HCP) describes the mitigation and minimization measures proposed to address the effects of the project to the scrub-jay. These measures are outlined in the SUPPLEMENTARY INFORMATION section below. The Service has determined that the Applicant's proposal, including the proposed mitigation and minimization measures, will individually and cumulatively have a minor or negligible effect on the species covered in the HCP. Therefore, the ITP is a ``low-effect'' project and qualifies as a categorical exclusion under the National Environmental Policy Act (NEPA), as provided by the Department of Interior Manual (516 DM 2, Appendix 1 and 516 DM 6, Appendix 1). The Service announces the availability of the ITP application, HCP, and Screening Form for Low-Effect HCP Determinations for this incidental take application. Copies of the ITP application, HCP, and Screening Form may be obtained by making a request to the Regional Office (see ADDRESSES). Requests must be in writing to be processed. This notice is provided pursuant to section 10 of the Act and NEPA regulations (40 CFR 1506.6).

In accordance with the Federal Advisory Committee Act, the California Bay-Delta Public Advisory Committee (Committee) will meet on August 10, September 7, October 12, and November 9, 2005. These meetings will focus on the State's intense effort to fulfill the Governor's mandate for an independent fiscal and management review of the CALFED Bay-Delta Program by the end of 2005. Discussions will include a refocus of CALFED on resolving conflicts in the Delta, priority setting, and development of an action plan to finance CALFED over the next 10 years.

Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Federal Acquisition Regulation (FAR) Secretariat has submitted to the Office of Management and Budget (OMB) a request to review and approve an extension of a currently approved information collection requirement concerning evaluation of export offers. A request for public comments was published in the Federal Register at 70 FR 28920, May 19, 2005. No comments were received. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.

The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations revising the NAC International, Inc., NAC-UMS Universal Storage System listing within the ``List of approved spent fuel storage casks'' to include Amendment No. 4 to Certificate of Compliance (CoC) Number 1015. Amendment No. 4 to the NAC-UMS CoC would modify the cask design by replacing the specific term ``zircaloy'' with the more generic term ``zirconium alloy''; revising the definitions of ``operable'' and ``site specific fuel''; revising vacuum drying pressure and time limits; revising short-term temperature limits and completion times for the heat removal system; clarifying the surface dose rate surveillance; adding a dissolved boron concentration option; deleting a redundant boron concentration administrative control; adding an alternate site-specific design basis earthquake analysis; and incorporating editorial and administrative changes.

This notice is a request for information for use by the Department of Labor in preparation of an annual report on certain trade beneficiary countries' implementation of international commitments to eliminate the worst forms of child labor. This will be the fifth such report by the Department of Labor under the Trade and Development Act of 2000 (TDA).

In accordance with the requirements of the Privacy Act of 1974, as amended, this notice establishes a CMP that CMS plans to conduct with the Ohio Department of Jobs & Family Services (ODJFS). We have provided background information about the proposed matching program in the SUPPLEMENTARY INFORMATION section below. The Privacy Act requires that CMS provide an opportunity for interested persons to comment on the proposed matching program. We may defer implementation of this matching program if we receive comments that persuade us to defer implementation. See DATES section below for comment period.

The Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of the Chief Information Officer invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.

The Administration for Children and Families (ACF), Administration on Children, Youth and Families (ACYF) announces the availability of $1,000,000 annually for each of five years to support staff development for all individuals employed in local Head Start, Early Head Start, and other child care programs to increase the understanding and skills necessary to carry out their jobs, as well as professional development leading to credentials and degrees. A cooperative agreement is a form of Federal financial assistance that allows substantial Federal involvement in the activities for which funds are awarded.

The Office of Personnel Management (OPM) has completed its annual determination of the States that qualify as Medically Underserved Areas under the Federal Employees Health Benefits (FEHB) Program for calendar year 2006. This is necessary to comply with a provision of the FEHB law that mandates special consideration for enrollees of certain FEHB plans who receive covered health services in States with critical shortages of primary care physicians. Accordingly, for calendar year 2006, OPM's calculations show that the following states are Medically Underserved Areas under the FEHB Program: Alabama, Alaska, Arizona, Idaho, Kentucky, Louisiana, Mississippi, Missouri, Montana, New Mexico, North Dakota, South Carolina, South Dakota, West Virginia, and Wyoming. For the 2006 contract year Arizona and West Virginia are being added to the list and Texas is being removed.

This proposed rule would revise the Medicare hospital outpatient prospective payment system to implement applicable statutory requirements and changes arising from our continuing experience with this system and to implement certain related provisions of the Medicare Prescription Drug, Improvement, and Modernization Act (MMA) of 2003. In addition, the proposed rule describes proposed changes to the amounts and factors used to determine the payment rates for Medicare hospital outpatient services paid under the prospective payment system. This proposed rule would also change the requirement for physician oversight of mid-level practitioners in critical access hospitals (CAHs). These changes would be applicable to services furnished on or after January 1, 2006.

The Railroad Retirement Board (Board) proposes to amend its regulations to include the option of electronic filing by railroad employers of requests for reconsideration of initial decisions under the Railroad Unemployment Insurance Act (RUIA). Part 320 currently requires that reconsideration requests be submitted in writing. The proposed rule would allow reconsideration requests to be made by railroad employers either in writing or electronically. In addition, Sec. Sec. 320.10(c) and 320.10(d) inadvertently contain inaccurate references. This proposed rule would correct those references.

This final rule amends regulations on insurer reporting requirements. The appendices list those passenger motor vehicle insurers that are required to file reports on their motor vehicle theft loss experiences. An insurer included in any of these appendices must file three copies of its report for the 2002 calendar year before October 25, 2005. If the passenger motor vehicle insurers remain listed, they must submit reports by each subsequent October 25.